Also known as: suppress evidence · suppressing evidence · suppressed evidence · evidence suppression · motion to suppress
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order excluding evidence from a criminal trial because it was obtained in violation of the defendant's constitutional rights or other legal protections. The order prevents the prosecution from introducing the tainted evidence to prove guilt.
Spencer Silver was indicted on drug charges after officers searched his apartment. His lawyer filed a motion to suppress the seized narcotics three weeks before trial. The court considered the motion under the timing rules for suppression requests and ultimately excluded the evidence because the search lacked a warrant.
Sarah Sullivan rode in the front seat when officers pulled over the car for a broken taillight. The driver had no license, and officers found cocaine in the glove box. Sullivan moved to suppress the drugs, arguing the stop was pretextual. The court granted her standing to challenge the seizure and suppressed the evidence.
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Steven Silva's home was searched under a warrant later found to lack probable cause. Officers had relied on the magistrate's approval in good faith and found stolen electronics. Silva moved to suppress the items. The court denied the motion because the officers' reliance on the warrant was objectively reasonable.
Sydney Santos's apartment was entered without a warrant and documents were seized. The documents were later offered in a criminal case against him. Santos moved in the criminal proceeding to suppress the documents obtained during the unlawful entry.
Sierra Santos was charged with assault after a bar fight. Officers had seized her blood sample without a warrant. She moved to suppress the intoxication evidence obtained from the illegal seizure. The trial court granted the motion because the sample violated her Fourth Amendment rights.
Sophia Singh was a passenger in a car stopped for speeding. Officers found a gun under the seat and charged her with possession. Singh moved to suppress the gun, claiming the stop was unlawful. The court denied the motion because she had no legitimate expectation of privacy in the car and therefore no standing to seek suppression.
A defendant must raise a motion to suppress evidence before trial under the timing provisions of Rule 12. Failure to file timely waives the objection unless the court finds good cause. The motion allows the court to decide admissibility before the jury hears the evidence.
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A passenger is seized during a vehicle stop and therefore has standing to challenge the stop's legality. The passenger may move to suppress evidence obtained as a result of an unlawful stop. Standing turns on whether the passenger's own Fourth Amendment rights were violated.
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The good-faith exception applies when officers reasonably rely on a warrant issued by a neutral magistrate even if the warrant later proves invalid. Suppression is not required unless the officers' reliance was objectively unreasonable. The exception does not apply if the warrant is facially deficient or the magistrate was misled.
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Yes, an attorney's failure to timely file a meritorious motion to suppress can violate the Sixth Amendment right to counsel. The defendant must show both deficient performance and resulting prejudice. Courts evaluate whether the motion would likely have succeeded and changed the outcome.
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…the witness by calling him. Perhaps the other side would not want to call him either, but the attorney is open to the charge of suppressing evidence at the trial if he fails to call such a hostile witness even though he never regarded him as reliable or truthful. Having been supplied the names of the witnesses, petitioner’s lawyer…